In follow up to a previous article in SafetyNet 764, a company director has been fined $45,000 for recklessly engaging in conduct that placed another person in danger of serious injury or death, due to asphyxiation resulting from the uncontrolled release of gas from a damaged gas pipe.
The incident occurred during the installation of internet cable for two townhouses in Bentleigh East. Whilst excavating on a nature strip and underneath a driveway to create a pathway for the conduit, workers inadvertently struck a gas pipe causing an uncontrolled discharge of gas.
Robert Felice, director of National Infrastructure Solutions Pty Ltd (NIS), attended the site of the gas leak, where his workers advised that he should call the gas company to report the leak, as per the requirements of their excavation permit and the Dial Before You Dig guidance.
Mr Felice directed the workers instead to attempt to repair the gas pipe, leaving the area to procure clamps and tools which he gave to the workers. After several failed attempts to access the gas pipe for repair, and the worker reporting shortness of breath and dizziness, Mr Felice repeated his instruction to continue attempts to repair the pipe. His stated purpose in instructing the workers to attempt the repair was to avoid notifying the gas company in order to avoid an incident report and financial penalty.
The worker lost consciousness and had to be dragged from the excavation before being transported to hospital suffering respiratory arrest arising from gas inhalation. The man suffered right subconjunctival haemorrhage in his eye, right sided chest pain and aching secondary to resuscitation efforts post respiratory arrest.
In sentencing Mr Felice, the Court noted that his instruction to workers was financially motivated and prioritised cost over the safety of his employees.
Victorian OHS legislation carries penalties for both the body corporate and for natural persons – this means that directors and company officers, as well as the business itself, can be penalised for breaches of the OHS Act. In 2021 the Victorian Government amended the OHS Act to prohibit the indemnifying of directors in respect of OHS liabilities or the payment of a premium for an insurance policy that insures directors from prescribed liabilities.
Read more: Prosecution Result Summaries and Enforceable Undertakings | WorkSafe Victoria